September 2018 International Trade Compliance Update
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International Trade Compliance Update (Covering Customs and Other Import Requirements, Export Controls and Sanc- tions, Trade Remedies, WTO and Anti-Corruption) Newsletter | September 2018 In This Issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas - Central America The Americas - North America The Americas - South America Please see our Webinars, Meetings, Seminars section for the schedule of webinars in the 2018 Global Trade and Supply Chain Webinar Series - Con- Asia-Pacific tinuing Challenges in Global Trade, contacts and information on how to regis- Europe, Middle East and North Africa ter for one or more of these complimentary webinars, as well as information on Africa (except North Africa) other events. In addition, there are links to video recordings of past webinars and registration information for the 2018 Year-End Review in Santa Clara and links Trade compliance enforcement ac- to the video recordings of the 2017 Year-End Review in Santa Clara. tions - import, export, IPR, FCPA Newsletters, reports, articles, etc. Webinars, Meetings, Seminars, etc. WTO TBT Notifications CBP Rulings: Downloads and Searches CBP Rulings: Revocations or Modifi- cations European Classification Regulations Amendments to the CN Explanatory Notes Save the Date: Nov. 14-15, 2018 – Santa Clara & Webcast Section 337 Actions To keep abreast of international trade-related news, visit our blogs: Antidumping, Countervailing Duty For International Trade Compliance Updates, please regularly visit and Safeguard Investigations, Or- www.internationaltradecomplianceupdate.com. ders & Reviews For additional articles and updates on trade sanctions and export controls, please visit: http://sanctionsnews.bakermckenzie.com/ regularly. For resources and news regarding international trade, particularly in Asia, please visit our Trade Editor, International Trade Com- Crossroads blog at http://tradeblog.bakermckenzie.com/. pliance Update To see how BREXIT (the UK exiting the EU) may affect your business, visit Stuart P. Seidel http://brexit.bakermckenzie.com/ Washington, D.C. For additional compliance news and comment from around the world, please visit +1 202 452 7088 http://globalcompliancenews.com/. [email protected] This may qualify as “Attorney Advertis- ing” requiring notice in some jurisdic- Note: Unless otherwise indicated, all information in this Update is taken from official gazettes, official tions. Prior results do not guarantee a websites, newsletters or press releases of international organizations (UN, WTO, WCO, APEC, IN- similar outcome. TERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source may usually be obtained by clicking on the blue hypertext link. Please note that as a general rule, Please see copyright and acknowl- information related to fisheries is not covered. edgements on the last page 1 Baker McKenzie World Trade Organization (WTO) The International Trade Compliance Update is a publication of the Glob- Recent disputes al International Commercial and Trade Practice Group of Baker The following disputes have been recently brought to the WTO. Click on the case McKenzie. Articles and comments (“DS”) number below to go to the WTO website page for details on that dispute. are intended to provide our readers with information on recent legal DS. No. Case Name Date developments and issues of signifi- cance or interest. They should not United States – Safeguard Measure on Imports of Crystalline Silicon DS 562 be regarded or relied upon as legal Photovoltaic Products Request for Consultations by China 16-08-18 advice or opinion. Baker McKenzie United States – Certain Measures Related To Renewable Energy DS 563 advises on all aspects of Interna- Request for Consultations by China United States – Certain Measures on Steel and Aluminium Products tional Trade law. DS 564 20-08-18 Request for Consultations by Turkey United States - Tariff Measures on Certain Goods from China II - DS 565 27-08-18 Comments on this Update may be Request for Consultations by China sent to the Editor: Stuart P. Seidel DSB activities Washington, D.C. +1 202 452 7088 During the period covered by this update, the Dispute Settlement Body (DSB) or [email protected] parties to a dispute took the following actions or reported the following activities. Requests for a panel are not listed (click on “DS” number to go to summaries of the case, click on “Activity” to go to the latest news or documents): A note on spelling, grammar and dates-- In keeping with the global nature DS No. Case Name Activity Date of Baker McKenzie, the original Indonesia — Safeguard on Certain Iron or spelling, grammar and date format- DS 490 Appellate Body issues Steel Products [Complainants: Chinese DS 496 report ting of non-USA English language Taipei, Vietnam] material has been preserved from European Communities — Measures Af- EU request for second the original source whether or not DS 316 fecting Trade in Large Civil Aircraft [Com- 15-08-18 compliance panel the material appears in quotes. plainant: US] Indonesia — Importation of Horticultural Matter referred to Arbi- Translations of most non-English DS 478 Products, Animals and Animal Products tration language documents are unofficial [Complainant: US] and are performed via an automat- Ukraine — Anti-Dumping Measures on ed program and are for information DS 493 Ammonium Nitrate [Complainant: Russian Ukraine files appeal 23-08-18 purposes only. Federation] Russia — Measures Affecting the Importa- Credits: DS 499 tion of Railway Equipment and Parts Ukraine files appeal thereof [Complainant: Ukraine] 27-08-18 Unless otherwise indicated, all in- United States — Countervailing Measures formation is taken from official in- DS 505 on Supercalendered Paper from Canada US files appeal ternational organization or govern- [Complainant: Canada] ment websites, or their newsletters or press releases. TBT Notifications Source documents may be Member countries of the WTO are required under the Agreement on Technical accessed by clicking on the blue Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical hypertext links. regulations that could affect trade with other Member countries. The WTO Secre- tariat distributes this information in the form of “notifications” to all Member coun- This Update contains public sector infor- tries. See separate section on for a table which summa- mation licensed under the Open Gov- WTO TBT Notifications ernment Licence v3.0 of the United King- rizes notifications posted by the WTO during the past month. dom. In addition, the Update uses mate- rial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. International Trade Compliance Update | September 2018 2 Baker McKenzie World Customs Organization (WCO) Draft agenda released for 62nd Session of the HSC The August 22, 2018, Customs Bulletin and Decisions published by US Customs and Border Protection contains the dates and complete draft agenda for the six- ty-second session of the Harmonized System Committee of the WCO. The International Convention on the Harmonized Commodity Description and Coding System (“Harmonized System (or “HS”) Convention”) established the Harmonized Commodity Description and Coding System (“Harmonized System” or “HS”), an international nomenclature system. Article 6 of the HS Convention establishes a Harmonized System Committee (“HSC”), composed of representa- tives from each of the contracting parties to the HS Convention. The HSC’s re- sponsibilities include issuing classification decisions on the interpretation of the Harmonized System. Those decisions may take the form of published tariff clas- sification opinions concerning the classification of an article under the HS or amendments to the Explanatory Notes to the HS. The HSC also considers amendments to the legal text of the Harmonized System. The HSC meets twice a year in Brussels, Belgium. The next session of the HSC will be the sixty-second and it will be held from September 17, 2018 to September 28, 2018. Announcements and news releases [dd-mm-yy] Date Title WCO attends the International Conference on Customs Laboratories in the 01-08-18 Russian Federation WCO successfully conducts ‘People Diagnostics’ mission in Ethiopia, 16th-24th July 2018 National Workshop in Dakar, Senegal, on WTO Agreement on Customs Valua- 02-08-18 tion and Transfer Pricing The WCO Regional Workshop for the East South Africa (ESA) region WCO new e-learning course on a Single Window environment 03-08-18 WCO Workshop to support Ethiopian Customs with Risk Management WCO supports Nepal on Advance Ruling System and improvement of tariff 07-08-18 classification 14-08-18 COPES Regional Seminar in Mauritius WCO supports Cape Verde to improve KPIs for Strategic Dashboard establish- 20-08-18 ment WCO supports Iran with enhancing ICT implementation and AEO Programme 21-08-18 South American WCO Member – Bolivia – Benefits from Mercator Programme Second Meeting of APEC’s SCCP marks important advances in Customs coop- eration The WCO C-RED project follows up on the finalization of the Standard Operat- ing Procedures for relief consignments in Liberia and Sierra Leone 22-08-18 WCO support mission to the General Department of Customs and Excise (GDCE) of Cambodia focused on WTO TFA implementation and the further development of a new Strategy and Work Program for Reform and Moderniza- tion WCO publishes new guides supporting the implementation